The Constitution

THE CONSTITUTION AND DEMOCRACY Key Principles Republicanism form of government Federalism Popular sovereignty (Locke, Rousseau) Limited Government (Rousseau) Judicial Review (Locke) Enumerated powers Reserved powers Concurrent powers Government And Human Nature Separation of powers Checks and balances

THE COLONIAL MIND John Adams - The Real Revolution – Changing belief about legitimate authority Consent of the governed Human liberty exists prior to government Legislature should be more powerful than executive – closer to the people

Articles of Confederation The first written plan of government for the United States. Ratified in 1781 Under this plan a Continental Congress governed and a president acted as the executive officer. Over time several weaknesses became evident with this plan of government.

Weaknesses in Articles of Confederation Extreme decentralization! Constitution will be about restoring power to the federal gov’t – Concentrating/centralizing power It did not have the power to…tax, enforce its laws, raise an army or navy No system of national courts. Each state could issue its own paper currency. Each state could put tariffs on trade with other states. Scarred by their experiences with monarchy

Shays’s Rebellion Daniel Shays leads a group of farmers in Massachusetts in a rebellion against the state government in The farmers attempt to shut down the state courts and seize the state arsenal in Springfield They were upset with high taxes that put them in debt and led to state courts seizing their property.

Shays’s Rebellion Massachusetts had to seek assistance in putting down the rebellion. The national government had no troops to help. Massachusetts borrowed money to hire an army to put down the rebellion.

Shays’s Rebellion As a result, a meeting was set to take place in Philadelphia, Pennsylvania in May of 1787 to revise the Articles of Confederation and address the weaknesses that had become evident. -- George WashingtonThere could be no stronger evidence of the want of energy in our governments than these disorders.-- George Washington

The Constitutional Convention

Constitutional Convention Meeting began on May 14, 1787 in Philadelphia, Pennsylvania. 55 delegates from 12 states were present (No RI) What began as a meeting to revise the AOC became a meeting to draft a new constitution.

Delegate Demographics All 55 were white males Average age – 42 Some were wealthy, most were of moderate means; none were poor 31 had attended college in a time when higher education was difficult to obtain 2 were college presidents 3 were college professors

Delegate Experiences Most played important roles in the Revolution Three-quarters served in the Congress under the Articles of Confederation 8 signed the Declaration of Independence 5 signed the Articles of Confederation Many had helped write the constitutions of their states 7 had served as governors of their states

WARM UP – WHICH OF THESE TERMS IS MOST CONFUSING? Key Principles Republicanism form of government Federalism Popular sovereignty (Locke, Rousseau) Limited Government (Rousseau) Judicial Review (Locke) Enumerated powers Reserved powers Concurrent powers Government And Human Nature Separation of powers Checks and balances

Crash Course AP Gov

Key Player – George Washington 55 at the time of the convention Hesitant to participate Convinced by others convention needed him Elected to preside over the convention

Key Player – James Madison 36 at the time of the convention. “Father of the U.S. Constitution” Kept a detailed diary of convention that has served as the primary source of constitutional scholarship

Procedures 7 out of 13 state delegations would constitute a quorum. Each state got one vote. A rule of secrecy was adopted.

Great Compromise Virginia Plan (large state): Executive and judicial members chosen by legislature Council of revision – executive and some judiciary members – veto power

Great Compromise New Jersey Plan (small state) Unicameral legislation; every state gets one vote Equal representation in Congress, regardless of state population

Great (Connecticut) Compromise Bicameral house House Of Representatives (lower house) – seats apportioned to states based on census population Seats in the upper house (Senate) will be based on equal representation for each state (2)

House of Representatives: House of the People -House members more directly elected than the president and originally than the Senate too -Shorter term lengths ties them to the people -Smaller districts

Why a republican government, not direct democracy? -Republican form of gov’t – authority is delegated to elected representatives to make decisions on behalf of citizens -Fear of mob rule -Size of country -Elitism -Counter influence of factions – Republics can encompass a greater geographic territory (Federalist 10)

Commerce and Slave Trade Compromise Issues involving trade caused conflict at the Constitutional Convention. The main issues were the taxation of exports, the regulation of interstate commerce and the slave trade. North wanted the national government to have greater power to control trade (more at stake, wanted stability)

3/5 Compromise

North vs. South South argued Slaves received “Virtual Representation” North argued that if slaves are property they are subject to be taxed.

South agreed to federal government regulating interstate commerce, but no taxing of exports The Northern agreed to 3/5 and 1808 clause Commerce and Slave Trade Compromise

Constitutional Principles: Popular Sovereignty The power to rule belongs to the people. “Consent of the governed” “We the People of the United States …do ordain and establish the Constitution for the United States of America.”

Constitutional Principles: Limited Government Government can only do the things the people have given it the power to do.

Limited Government: Provisions that limit the government’s power: Bill of Rights Expressed powers Specific prohibitions – Ex post facto laws, bills of attainder, writ of habeas corpus) Separation of powers (Federalist 51) Checks and balances Federalism Bicameralism

Provisions that limit how the majority can have an impact on government: Electoral college US senators originally selected by state legislatures Longer terms of senators Independent judiciary Life tenure of SCOTUS justices Appointment process Representative form of government

Capitol Building - Congress White House - President U.S. Supreme Court Separation of Power Legislative Power Executive Power Judicial Power

Capitol Building - Congress White House - PresidentU.S. Supreme Court Checks & Balances Slide One…. Notice the Arrows Impeachment; veto override; legislative privilege Appointment power; pardon Judicial review – unconstitutional; legislative power

Capitol Building - Congress White House - President U.S. Supreme Court Checks & Balances Slide Two… Notice the Arrows Veto; legislative influence Judicial review of executive orders Approve SCOTUS apt’s; ‘good behavior’

Judicial Review An independent judiciary serves as a check on the power of all levels and all branches of government across the nation.

Federalism Power is shared between levels of government. Enumerated Powers Reserved Powers Concurrent Powers

Formal Methods of Amending the Constitution Methods of proposal: 2/3 vote in both houses of Congress National constitutional convention called by Congress at the request of 2/3 state legislatures (never been used) Methods of ratification: By legislatures in ¾ of the states By conventions in ¾ of the states

Informal Methods of Amending/Change meaning of the Constitution *More common than formal routes Courts (judicial review/judicial interpretation/application) Same sex marriage, Miranda Rights, Roe v. Wade/abortion Elastic clause Development of political customs/traditions

Federalists vs. Antifederalists Federalists – supporters of the Constitution, stronger national government Antifederalists – …opposite Supremacy Clause vs. Abuse of Power Necessary and Proper Clause vs. Abuse of Power Individual Liberties (Anti’s demand Bill of Rights!) Executive Power

Federalists vs. Antifederalists The Constitution of the United States was approved by the convention and signed by 39 of the delegates on Sept. 17, Constitution then went to the states for ratification Ratified on June 21, 1788